Legal Opinion
Lisa Roach v. Mail Handlers Benefit Plan, Cna, and Access Health, Inc.
Court of Appeals for the Ninth Circuit
Decided August 1, 2002No. 01-15360PublishedCited by 22 opinions
1Opinion of the Court
OPINION
DAVID R. THOMPSON, Circuit Judge:
Plaintiff Lisa Roach appeals from the district court’s summary judgment in favor of the Mail Handlers Benefit Plan (“Mail Handlers”), CNA, 1 and Access Health, Inc (collectively “defendants”). Roach argues the district court erred by characterizing her medical malpractice claim as a denial of benefits claim preempted by the Federal Employees Health Benefits Act (FEH-BA), 5 U.S.C. §§ 8901-8914 (2002). We agree, and reverse and remand.
BACKGROUND
Between 1991 and 1999, Roach worked as a “hot shot” firefighter for the United States Forest Service. As a…
2Cases cited13 opinions
- Lopez v. SmithCourt of Appeals for the Ninth Circuit · 2000
- Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
- New York State Conference of Blue Cross & Blue Shield Plans v. Travelers InsuranceSupreme Court of the United States · 1995
- Pegram v. HerdrichSupreme Court of the United States · 2000
- Rush Prudential HMO, Inc. v. MoranSupreme Court of the United States · 2002
8 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Cedars-Sinai Medical Center v. National League of PostmastersCourt of Appeals for the Ninth Circuit · 2007
- Henry v. Lehman Commercial Paper, Inc. (In Re First Alliance Mortgage Co.)Court of Appeals for the First Circuit · 2006
- Estate of Williams-Moore v. Alliance One Receivables Management, Inc.District Court, M.D. North Carolina · 2004
- Henry v. Lehman Commercial Paper, Inc.Court of Appeals for the Ninth Circuit · 2006
- Trustees of the Aftra Health Fund v. BiondiCourt of Appeals for the Seventh Circuit · 2002
17 more not listed; retrieve them via the Exa API.